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Home My WebLink AboutPSD-004-06 CJNilJgron REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday January 9,2006 Report #: PSD-004-06 6PA-DO-S-() b File #: A2005-0051, A2005-0052, and By-law #: A2005/008 Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETINGS OF DECEMBER 1, AND DECEMBER 15, 2005 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-004-06 be received; and 2. THAT Council concurs with the decision of the Committee of Adjustment made on December 1, 2005 for applications A2005-0051 and A2005-0052, and on December 15, 2005 for application A2005/008, and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Submitted by: Davi . Crome, MCIP, R.P.P. Direc or of Planning Services Reviewed by: () ~ ----c..o-----tSl... Franklin Wu, Chief Administrative Officer BR*CP*FL *sh December 20, 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-004-06 PAGE 2 1.0 APPLICATION DETAILS 1.1 All applications received by the Municipality for minor variance are scheduled for a hearing within 30 days of being received by the Secretary-Treasurer. The purpose of the minor variance application and the Committee’s decisions are detailed in Attachment 1. The decisions of the Committee are detailed below. DECISIONS OF COMMITTEE OF ADJUSTMENT FOR December 1, and December 15, 2005 Application Number Staff Recommendation Decision of Committee A2005-0051 Approve Approved A2005-0052 Approve Approved A2005/008 Approve with modifications Approved with modifications 2.0 COMMENTS 2.1 Applications A2005-0051 and A2005-0052 were approved as applied for. Staff’s recommendation was to approve the application as applied for. 2.2 Application A2005/008 was an application to reduce the front yard setback for a low-rise condominium development from 7.5 metres to 2 metres. This application was tabled on thth the March 24 and June 16, 2005 Committee meetings to allow time for the applicant to address the Engineering Services Department’s concerns regarding barrier free access. A site plan was submitted by the applicant that showed a proposed 3 metre front yard setback which satisfies the concerns of Engineering Services Department. Based on this plan, Staff recommended the application be approved to reduce the front yard setback to 3 metres as displayed on the site plan. The applicant had no objections to this recommendation, and the application was approved as recommended. 2.3 Staff has reviewed the Committee’s decisions and is satisfied that the applications that received approval are in conformity with the Official Plan policies, consistent with the intent of the Zoning By-law and are minor in nature and desirable. Council’s concurrence with the Committee of Adjustment’s decision is required in order to afford Staff’s official status before the Ontario Municipal Board in the event of an appeal of any decision of the Committee of Adjustment. Attachments: Attachment 1 - Periodic Report for the Committee of Adjustment Cl~n PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: SHAWN BASTARACHE SHAWN BASTARACHE PROPERTY LOCATION: 18 ARGENT STREET, BOWMANVILLE PART LOT 112, CONCESSION FORMER TOWN(SHIP) OF BOWMANVILLE A2005-0051 FILE NO.: PURPOSE: TO PERMIT THE CONSTRUCTION OF AN IN-GROUND POOL BY REDUCING THE REQUIRED EXTERIOR SIDE YARD SETBACK FROM 6 METRES TO 4.2 METRES. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF AN IN-GROUND POOL BY REDUCING THE REQUIRED EXTERIOR SIDE YARD SETBACK FROM 6 METRES TO 4.2 METRES AS IT IS MINOR AND DESIRABLE IN NATURE AND CONFORMS TO THE OFFICIAL PLAN AND ZONING BY-LAW. DATE OF DECISION: December 1,2005 LAST DAY OF APPEAL: December 21, 2005 Cl(}lJ&ton PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: DELTA RAE HOMES DAVID WING PROPERTY LOCATION: 101 BAXTER STREET, BOWMANVILLE PART LOT 16, CONCESSION 1 FORMER TOWN OF BOWMANVILLE A2005-0052 FILE NO.: PURPOSE: TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY INCREASING THE MAXIMUM LOT COVERAGE FROM 40% TO 40.8% AND BY REDUCING THE REQUIRED REAR YARD SETBACK FROM 7.5 METRES TO 7.25 METRES. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF A DWELLING BY REDUCING THE REQUIRED REAR YARD SETBACK FROM 7.5 METRES TO 7.25 METRES AND TO INCREASE THE TOTAL LOT COVERAGE FROM 40% TO 40.8% AS IT IS MINOR AND DESIRABLE IN NATURE AND CONFORMS TO THE OFFICIAL PLAN AND ZONING BY-LAW. DATE OF DECISION: LAST DAY OF APPEAL: December 1 , 2005 December 21,2005 Cl!Jl-ilJgton PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: KELVIN WHALEN OWNER: ASPEN SPRINGS WEST L TD PROPERTY LOCATION: PART LOT 16, CONCESSION 1, FORMER TOWNSHIP OF DARLINGTON BLOCK 75, PLAN 40M-2240 FILE NO.: A2005/008 PURPOSE: TO PERMIT THE CONSTRUCTION OF LOW-RISE CONDOMINIUM BUILDINGS WITH A STREET FRONT PRESENCE BY REDUCING THE FRONT YARD SETBACK FROM THE MINIMUM REQUIRED 7.5 METRES TO 2 METRES DECISION OF COMMITTEE: APPROVAL TO PERMIT THE CONSTRUCTION OF A LOW-RISE CONDO BUILDING IS GIVEN WITH A 3 METRE FRONT YARD SETBACK AS IT IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED TO BE MINOR AND DESIRABLE. DATE OF DECISION: December 15, 2005 LAST DAY OF APPEAL: January 4, 2006